(d) Measures to Reform the Juvenile Justice System
202. In 2013 the State Party undertook the reform of the Juvenile Justice System by particularly
adopting a five-years Strategy for Progressive Child Justice Reform (2013 -2017) on the Mainland.
Through this strategy, the State Party has undertaken a number of programmes, including:
(a)
developing a Guide on the Establishment and Implementation of Community Rehabilitation
Programmes in 2013. This programme provides support to young offenders and children at risk of
offending while they remain in their community where they receive a number of rehabilitative
services. Notably, this is a diversion and alternative sentencing measure to children. The Guide
provides practice guidance to all persons and institutions involved in the establishment, supervision,
implementation, monitoring and running of the Community Rehabilitation Programme;
(b)
piloting a programme on Diversion and Community Rehabilitation and Reintegration Scheme
for children in conflict with the law and children at risk of offending in the Temeke Municipal
Council (Dar es Salaam Region). The programme became operational in July 2012 . So far, 120
children have benefited from this programme. The State Party is making initiatives striving to
replicate the Community Rehabilitation Programme in other region in the Mainland and Zanzibar.
From 2014 the programme is rolled out in Mbeya Region (Mainland) and in the Urban and West
Regions (Zanzibar); and
(c)
piloting the legal aid programme for children in conflict with the law in the Dar es Salaam
Region from 2012 to 2015. Since it become operational in 2012, the programme has provided legal
assistance to more than 647 children and facilitated the release of 471 children from detention
facilities. The State Party is currently in the process of replicating this programme in the Mbeya
Region. Further plans are being made to replicate it in other regions. In addition, the State Party has
finalised drafting a Legal Aid Bill, which will, inter alia, guarantee the right to legal assistance for
children in Tanzania.
203. The State Party has undertaken other concrete measures to reform the juvenile justice system,
including:
(a) Ministry for Constitutional and Legal Affairs (MoCLA), in 2014 coordinated the production
of a one-year report on the implementation of the five-year Strategy for Progressive child
justice reform (2013 -2017). This report, the first ever, details progress made by all actors in
the implementation of the strategy. It also details challenges encountered and avoid
duplication of efforts.
(b) Specific department to deal with Legal Aid Policy issues under MoCLA established.
(c) Legal Aid Secretariat under MoCLA in the context of the Legal Sector Reform Programme to
administer legal aid and coordinate legal aid providers in the Mainland established.
(d) Legal Aid Bills awaits the adoption of a new Constitution for it to be tabled in Parliament for
enactment drafted. The bill provides an opportunity to ensure that children in conflict with the
law receive legal assistance from the arrest up to conclusion of the cases.
(e) Legal Services Facility (LSF), which provide financial and technical assistance to legal aid
providers, particularly paralegals, in order to provide legal assistance to children and other
vulnerable groups at different levels (i.e. from the grassroots to the regional levels)
established in the Mainland.
(f) Directives with reference number JC/DPP/CPNF/23/7 of 2010 for Law Enforcers to fast-track
cases involving children issued by the Director of Public Prosecutions. The directives aim at
ensuring children cases are handled timely, and reducing the time children spend in detention
facilities;
(g) Inspect 89 detention facilities in 2013. The inspection aimed at assesses the situation of
children in facilities in Mainland. A total no. of 703 children were found in prisons whereby
22 of them are girls. Out of detained children, 220 were convicted of which 5 were girls. In
the Police Lockups total of 25 children were found in custody. Further, there were 37 children
who were incarcerated with their mothers in prisons. Total of 46 pre – trial children cases
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